S. 2355Senate110th Congress (2007-2009)In Committee

Climate Change Adaptation Act

Legislative Activity

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5 earlier actions

SenateCalendars Latest Action

Placed on Senate Legislative Calendar under General Orders. Calendar No. 769.

June 5, 2008

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SenateIntro Referral

Introduced in Senate

November 14, 2007

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S14401-14402)

November 14, 2007

SenateIntro Referral

Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S14402-14403)

Commerce, Science, and Transportation Committee

November 14, 2007

SenateCommittee

Committee on Commerce, Science, and Transportation. Ordered to be reported with amendments favorably.

Commerce, Science, and Transportation Committee

December 4, 2007

SenateCommittee

Committee on Commerce, Science, and Transportation. Reported by Senator Inouye with amendments and an amendment to the title. With written report No. 110-347.

Commerce, Science, and Transportation Committee

June 5, 2008

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 769.

June 5, 2008

Floor Debate

4 members

What members said about S. 2355 on the floor

4 Democrats

Sen. Maria CantwellD-WA · Nov 14, 2007

Mr. President, I rise today to introduce the Climate Change Adaptation Act of 2007. Before I describe the merits of this bill, I would like to take a moment to commend many of my colleagues for their…

Mr. President, I rise today to introduce the Climate Change Adaptation Act of 2007.

Before I describe the merits of this bill, I would like to take a moment to commend many of my colleagues for their ongoing efforts to develop legislative solutions to meet the enormous challenges global warming poses to our Nation and our planet. I feel this bill helps address a somewhat overlooked, but key tool, to tackling this preeminent challenge facing our Nation.

I am proud that Washington State is taking the lead on the issue of global climate change. While my State's contribution to global warming is relatively small--because we are fortunate enough to derive about 70 percent of our electricity from inexpensive, emissions-free hydropower--global warming threatens to seriously impact our economy.

Ironically, one of the primary impacts of global warming on the Pacific Northwest will be to change our rainfall patterns in a way that reduces the amount of water available for hydropower production.

And these changes will not only harm electricity generation, they will also impact billions of dollars of economic infrastructure associated with irrigation systems, municipal water supplies, even ski resorts that depend on our historic snowfall patterns.

Faced with these possibilities, we must ask several simple questions: What are we doing to prepare for these changes? How are predicted sea level rises being incorporated into shoreline restoration projects, siting of public infrastructure, or disaster response plans, among many other examples? What tools do we need to give Federal, State, and local decisionmakers to take climate change into account on long-term, multibillion-dollar decisions?

Unfortunately, we don't have any answers.

As we discovered when I held a hearing on ocean acidification as chair of the Oceans, Atmosphere, Fisheries and Coast Guard subcommittee last May, our Government is ill-equipped to plan for the consequences of global climate change. We simply lack the tools to develop the strategies we need to adapt.

In August, the Government Accountability Office found that the Federal government is not providing Federal agencies with the proper tools or policy mandates to take climate change impacts into account in carrying out their responsibilities to manage public resources.

In September, the National Academy of Sciences concluded there is a tremendous need to improve the delivery of climate change information to Federal, regional, and local levels so they can take climate change impacts into account in planning and managing resources.

The reality is that even if we were somehow able to stop using fossil fuels today, a certain degree of warming and ocean acidification will still occur over the next 2 or 3 decades.

While my top priority is to move our Nation to a clean energy system, we must face the fact that global warming is happening already, and it is only going to get worse.

That is why I am pleased today to be introducing the Climate Change Adaptation Act--a bill to ensure that our government plans for the changes that global warming will inevitably bring. This bill will require the President to develop a national strategy for addressing the impacts that climate change will have on our natural resources. It will also specifically require NOAA to conduct vulnerability assessments on the impacts of climate change on coastal and ocean resources, and to prepare adaptation plans for those resources.

Planning for the future isn't just common sense--it's responsible government.

This bill is complementary to several bills under consideration by the Commerce Committee on which I serve, including the Kerry-Snowe bill that was under discussion at a Commerce Committee hearing earlier today. Their bill contains many provisions I believe are vitally important--including language I authored with Senator Collins on the need for a program to study the threat of abrupt climate change. I'm also proud to work with Senator Lautenberg on legislation combating ocean acidification.

I look forward to working with my colleagues to move all these critical bills out of the committee and through the Senate in the coming weeks.

Mr. President, I ask unanimous consent that the full text of the bill be printed in the Record.

Sen. Maria CantwellD-WA · Nov 14, 2007

Mr. President, I rise today to introduce the Climate Change Adaptation Act of 2007.

Unfortunately, we don't have any answers.

The reality is that even if we were somehow able to stop using fossil fuels today, a certain degree of warming and ocean acidification will still occur over the next 2 or 3 decades.

While my top priority is to move our Nation to a clean energy system, we must face the fact that global warming is happening already, and it is only going to get worse.

Planning for the future isn't just common sense--it's responsible government.

I look forward to working with my colleagues to move all these critical bills out of the committee and through the Senate in the coming weeks.

Mr. President, I ask unanimous consent that the full text of the bill be printed in the Record.

Sen. Tim JohnsonD-SD · Nov 14, 2007

Mr. President, I am pleased to introduce the Medicare Hearing Health Care Enhancement Act with my colleagues, Senators Harkin, Coleman, and Menendez. This legislation is the companion bill to…

Mr. President, I am pleased to introduce the Medicare Hearing Health Care Enhancement Act with my colleagues, Senators Harkin, Coleman, and Menendez. This legislation is the companion bill to legislation introduced in the House by Representative Mike Ross, with a number of cosponsors.

This legislation will provide Medicare beneficiaries with the same hearing care options available to veterans and Federal employees, including every member of this body. Under this bill, Medicare beneficiaries who experience hearing problems will have the option of going directly to an audiologist, rather than first visiting a physician. This is the policy for the health care programs administered by the Department of Veterans Affairs and the Office of Personnel Management. Direct access works well for our veterans and for Federal employees, including Members of Congress, and direct access should be available to senior citizens in the Medicare program.

More than 31 million Americans have some type of hearing problem, making hearing loss the third most common health problem in the U.S. Many of them are older Americans, and this statistic is fast increasing with the aging of the ``baby boomers.'' Yet half of all hearing impaired persons are under age 65. With 80 to 90 percent of hearing problems not medically or surgically treatable, it seems only reasonable that Medicare patients be allowed to consult with an audiologist without first seeing another health care provider. It is part of regular audiological practice to refer patients for medical management when clinical indicators are present.

In 1992, the Department of Veterans Affairs, VA, changed its health care policy to allow for the option of direct access to a licensed audiologist. The VA reports: ``the policy has provided and continues to provide high quality, cost effective, and successful hearing health care to veterans.'' The VA did not experience increased utilization of audiology services due to the policy change and instead found, ``the policy did not increase the number of visits beyond what would be expected in the aging veteran population.''

In 2003, the Congress in the Appropriations Conference Report number 108-10 recommended that the Center for Medicare and Medicaid Services make this change. We have since learned that CMS does not have the authority to do so under current law. Therefore, I hope that we can all agree that this is a common sense idea whose time has come, and move this legislation forward to enactment.

Direct access would facilitate access to hearing care without expanding the scope of practice for audiologists. This legislation will make it easier for Medicare beneficiaries, particularly in rural America, to have the same high quality hearing care provided by the VA and OPM. It is also important to point out that both the Medicare and Medicaid programs now recognize State licensure as the appropriate standard for determining who is a qualified audiologist.

This legislation enjoys the support of a large number of organizations including the American Academy of Audiology, the American Speech-Language and Hearing Association, the National Association of the Deaf and the National Rural Health Association. I commend this legislation to the attention of my colleagues and urge them to lend their support by cosponsoring this bill.

Sen. Ken SalazarD-CO · Dec 4, 2007

Mr. President, I ask unanimous consent that the Ad Hoc Subcommittee on State, Local, and Private Sector Preparedness and Integration of the Committee on Homeland Security and Governmental Affairs be authorized to meet during the session of the Senate on Tuesday, December 4, 2007, at 2:30 p.m. in order to conduct a hearing entitled, ``The New Madrid Seismic Zone: Whose Fault Is It Anyway?''

Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet during the session of the Senate on Tuesday, December 4, 2007, at 2:30 p.m., in room 253 of the Russell Senate Office Building, for the purposes of conducting a hearing.

Agenda

S. 1581, Federal Ocean Acidification Research and Monitoring Act of 2007; S. 2307, Global Change Research Improvement Act of 2007; S. 2355, Climate Change Adaptation Act of 2007; S. 2332, Media Ownership Act of 2007; Nominations for Promotion in U.S. Coast Guard (PN 1039 and PN 1055); and Nominations for Promotion in the National Oceanic and Atmospheric Administration Commission Corps (PN 1014).

THE PRESIDING OFFICER. Without objection, it is so ordered.

Committee on Health, Education, Labor, and Pensions.

Mr. President, I ask unanimous consent that the Committee on Health, Education, Labor, and Pensions be authorized to meet during the session of the Senate in order to conduct a hearing entitled ``Developing a Comprehensive Response to Food Safety'' on Tuesday, December 4, 2007, at 10:30 a.m. in SD-430.

THE PRESIDING OFFICER. Without objection, it is so ordered.

Committee on the Judiciary

Mr. President, I ask unanimous consent that the Senate Committee on the Judiciary be authorized to meet during the session of the

Senate, in order to conduct a hearing entitled ``Electronic Prescribing of Controlled Substances: Addressing Health Care and Law Enforcement Priorities'' on Tuesday, December 4, 2007, at 10 a.m. in room SD-226 of the Dirksen Senate Office Building.

Witness List

Panel I: Joseph T. Rannazzisi, Deputy Assistant Administrator, Drug Enforcement Administration, Office of Diversion Control, Alexandria, VA and Tony Trenkle, Director, Office of E-Health Standards and Services, Centers for Medicare and Medicaid Services, Baltimore, MD;

Panel II: Laura Adams, President and CEO, Rhode Island Quality Institute, Providence, RI; Kevin Hutchinson, CEO, Sure Scripts, Alexandria, VA; David Miller, Chief Security Officer, Covisint, Detroit, MI; and Mike A. Podgurski, R.Ph., Vice President, Pharmacy Services, Rite Aid Corporation, Camp Hill, PA.

THE PRESIDING OFFICER. Without objection, it is so ordered.

Permanent Subcommittee on Investigations

Mr. President, I ask unanimous consent that the Permanent Subcommittee on Investigations of the Committee on Homeland Security and Governmental Affairs be authorized to meet during the session of the Senate on Tuesday, December 4, 2007, at 9:30 a.m., in order to conduct a hearing entitled, ``Credit Card Practices: Unfair Interest Rate Increases.''

THE PRESIDING OFFICER. Without objection, it is so ordered.

Sen. Richard J. DurbinD-IL · Nov 14, 2007

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

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Reported to SenateIssued June 5, 2008

        [Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[S. 2355 Reported in Senate (RS)]

Calendar No. 769
110th CONGRESS
2d Session
S. 2355

[Report No. 110-347]

To amend the National Climate Program Act to enhance the ability of the
United States to develop and implement climate change adaptation
programs and policies, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

November 14, 2007

Ms. Cantwell (for herself, Mr. Kerry, Ms. Klobuchar, and Mr.
Lautenberg) introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation

June 5, 2008

Reported by Mr. Inouye, with amendments and an amendment to the title
[Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

A BILL

To amend the National Climate Program Act to enhance the ability of the
United States to develop and implement climate change adaptation
programs and policies, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Climate Change Adaptation Act''.

<DELETED>SEC. 2. AMENDMENT OF NATIONAL CLIMATE PROGRAM ACT.</DELETED>

<DELETED>    Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an amendment to,
or repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the National
Climate Program Act (15 U.S.C. 2901 et seq.).</DELETED>

SEC. 2. AMENDMENT OF NATIONAL CLIMATE SERVICE ACT OF 2007.

Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the National Climate Service
Act of 2007 (15 U.S.C. 2901 et seq.).

SEC. 3. FINDINGS.

<DELETED>    Section 2 (15 U.S.C. 2601) is amended to read as
follows:</DELETED>

<DELETED>``SEC. 2. FINDINGS.</DELETED>

<DELETED>    ``The Congress finds that--</DELETED>
<DELETED>    ``(1) climate change and related hazards affect
public safety, environmental services and security, human
health, agriculture, energy use, water resources, and other
factors vital to national security and human welfare;</DELETED>
<DELETED>    ``(2) the present rate of advance of national
efforts in research and development and the application of such
advances is inadequate to meet the challenges posed by observed
and projected rates of climate change and the increasing demand
for information to guide planning and response across all
sectors;</DELETED>
<DELETED>    ``(3) the United States lacks adequate research,
infrastructure, and coordinated outreach and communication
mechanisms to meet national climate monitoring, prediction, and
decision support needs for adapting to and mitigating the
impacts of climate change and climate variability;</DELETED>
<DELETED>    ``(4) information regarding climate change and
climate variability is not being fully disseminated or used,
and Federal efforts have given insufficient attention to
assessing and applying this information;</DELETED>
<DELETED>    ``(5) climate change and climate variability occur
on a global basis making international cooperation essential
for the purpose of sharing the benefits and costs of a global
effort to understand and communicate these changes;</DELETED>
Section 2 (15 U.S.C. 2601) is amended by adding at the end thereof
the following:
``(6) <DELETED>recent </DELETED>Recent scientific reports
by the Intergovernmental Panel on Climate Change conclusively
found that climate change is occurring, and that impacts from
climate change can be expected in even shorter time periods
than had been previously <DELETED>predicted;
</DELETED>predicted.
``(7) <DELETED>the </DELETED>The Panel found that the
resilience of many ecosystems is likely to be exceeded this
century by an unprecedented combination of climate change,
associated disturbances such as flooding and drought, and other
global change drivers such as land-use <DELETED>change;
</DELETED>change.
``(8) <DELETED>according </DELETED>According to the Panel,
approximately 20 to 30 percent of plant and animal species
assessed so far are likely to be at increased risk of
extinction if increases in global average temperature exceed
1.5 to 2.5 degrees <DELETED>Celsius; </DELETED>Celsius.
``(9) <DELETED>the </DELETED>The Panel also found that the
progressive acidification of oceans due to increasing
atmospheric carbon dioxide is expected to have negative impacts
on marine shell-forming organisms, such as corals, and their
dependent <DELETED>species; </DELETED>species.
``(10) <DELETED>the </DELETED>The Panel found that coasts
will be exposed to increasing risks, including coastal erosion,
over coming decades due to climate change and sea-level rise,
and that adaptation costs for vulnerable coasts are much less
than the costs of <DELETED>inaction; </DELETED>inaction.
``(11) <DELETED>in </DELETED>In its September, 2007, study
entitled Evaluating Progress of the U.S. Climate Change Science
Program: Methods and Preliminary Results, the National Academy
of Sciences concluded that there is a tremendous need to
improve the delivery of information to decision makers at the
Federal, regional, and local levels on climate change impacts
and to take such impacts into account in planning and in
managing <DELETED>resources; </DELETED>resources.
``(12) States and local communities may need Federal
assistance in developing and implementing strategies to address
the impacts of climate <DELETED>change; </DELETED>change.
``(13) <DELETED>in </DELETED>In its August, 2007, report
entitled Climate Change: Agencies Should Develop Guidance for
Addressing the Effects on Federal Land and Water Resources,
GAO-07-863, the Government Accountability Office found that the
Federal Government is not providing the National Oceanic and
Atmospheric Administration and other Federal agencies that are
responsible for managing natural resources with the proper
tools or policy mandates to take the impacts of climate change
into account in carrying out their responsibilities to manage
public <DELETED>resources; </DELETED>resources.
``(14) <DELETED>the </DELETED>The National Oceanic and
Atmospheric Administration, which plays a leading role in the
Federal Government's Global Change Research Program, has a key
role to play both in predicting impacts of climate change on
natural resources and in improving data sharing and archiving
of climate change research results to facilitate the delivery
of information critical to adaptation and management to end
<DELETED>users; and </DELETED>users.
``(15) <DELETED>the </DELETED>The National Oceanic and
Atmospheric Administration has a key role to play in addressing
the impacts of climate change on our Nation's coastal areas and
ocean resources.''.

SEC. 4. DEFINITIONS.

<DELETED>    Section 4 (15 U.S.C. 2903) is amended by striking
paragraphs (1) and (2) and redesignating paragraphs (3) and (4) as
paragraphs (1) and (2).</DELETED>
Section 4 (15 U.S.C. 2903) is amended--
(1) by redesignating paragraphs (4) through (8) as
paragraphs (5) through (9), respectively; and
(2) by inserting before paragraph (5), as redesignated, the
following:
``(4) Coastal state.--The term `coastal state' has the
meaning given that term by section 304((4) of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453(4)).''.

SEC. 5. NATIONAL CLIMATE PROGRAM ELEMENTS.

<DELETED>    Section 5 (15 U.S.C. 2904) is amended--</DELETED>
<DELETED>    (1) by striking ``subsection (d)(9);'' in
subsection (b)(1) and inserting ``section 6;'';</DELETED>
<DELETED>    (2) by striking subsections (c), (e), (f), and
(g); and</DELETED>
<DELETED>    (3) by striking subsection (d) and inserting the
following:</DELETED>
<DELETED>    ``(c) Program Elements.--</DELETED>
<DELETED>    ``(1) In general.--The Program shall include--
</DELETED>
<DELETED>    ``(1) a strategic plan to address the impacts of
climate change within the United States; and</DELETED>
<DELETED>    ``(2) a National Climate Service to be established
within the National Oceanic and Atmospheric
Administration.''.</DELETED>
Section 5 (15 U.S.C. 2904) is amended to read as follows:

``SEC. 5. NATIONAL CLIMATE PROGRAM.

``(a) Establishment.--There is hereby established a National
Climate Program in accordance with the findings and purposes of this
Act.
``(b) Program Elements.--
``(1) In general.--The Program shall include--
``(1) a strategic planning process to address the impacts
of climate change within the United States; and
``(2) a National Climate Service to be established within
the National Oceanic and Atmospheric Administration.
``(c) Duties.--The President shall--
``(1) develop the 5-year plans described in section 9;
``(2) define the roles in the Program of Federal officers,
departments, and agencies, including the Departments of
Agriculture, Commerce, Defense, Energy, Interior, State, and
Transportation; the Environmental Protection Agency; the
National Aeronautics and Space Administration; the Council on
Environmental Quality; the National Science Foundation; and the
Office of Science and Technology Policy; and
``(3) provide for Program coordination.''.

<DELETED>SEC. 6. NATIONAL CLIMATE STRATEGY.</DELETED>

<DELETED>    The Act is amended by striking sections 6 through 9 (15
U.S.C. 2905 et seq.) and inserting the following:</DELETED>

<DELETED>``SEC. 6. NATIONAL STRATEGIC PLAN FOR CLIMATE CHANGE
ADAPTATION.</DELETED>

<DELETED>    ``(a) In General.--Not later than 2 years after the date
of enactment of the Climate Change Adaptation Act, the President shall
provide to the Congress a 5-year national strategic plan to address the
impacts of climate change within the United States, to implement such
strategy for federally-managed resources and actions, and to provide
information to and coordinate with State and local governments and
nongovernmental entities to support similar efforts with respect to
non-Federal natural resources. The President shall provide a mechanism
for consulting with States and local governments, the private sector,
universities, and other nongovernmental entities in developing the
plan. The plan shall be updated at least every 5 years.</DELETED>
<DELETED>    ``(b) Contents of Plan.--The plan shall, at a minimum--
</DELETED>
<DELETED>    ``(1) identify existing Federal requirements,
protocols, and capabilities for addressing climate change
impacts on federally managed resources and actions;</DELETED>
<DELETED>    ``(2) identify measures to improve such
capabilities and the utilization of such
capabilities;</DELETED>
<DELETED>    ``(3) include protocols to integrate climate
change impacts into Federal agency actions and policies,
consistent with existing authorities;</DELETED>
<DELETED>    ``(4) address vulnerabilities and priorities
identified through the assessments carried out under the Global
Change Research Act of 1990 and this Act;</DELETED>
<DELETED>    ``(5) establish a mechanism for the exchange of
information related to addressing the impacts of climate change
with, and provide technical assistance to, State and local
governments and nongovernmental entities;</DELETED>
<DELETED>    ``(6) develop partnerships with State and local
governments and nongovernmental entities to support and
coordinate implementation of the plan;</DELETED>
<DELETED>    ``(7) include implementation and funding
strategies for short-term and long-term actions that may be
taken at the national, regional, State, and local
level;</DELETED>
<DELETED>    ``(8) establish a process to develop more detailed
agency and department-specific plans;</DELETED>
<DELETED>    ``(9) identify opportunities to utilize remote
sensing and other geospatial technologies to improve planning
for adaptation to climate change impacts; and</DELETED>
<DELETED>    ``(10) identify existing legal authorities and
additional authorities necessary to implement the
plan.</DELETED>
<DELETED>    ``(c) Agency-level Strategies.--</DELETED>
<DELETED>    ``(1) Agency plans.--Each department and agency of
the Executive Branch shall develop a detailed plan, based on
the national plan, for addressing climate change impacts with
respect to such department or agencies policies and actions,
within 1 year after the date that the plan is submitted under
subsection (b) and provide such plan to Congress.</DELETED>
<DELETED>    ``(2) Interim activities.--Nothing in this section
shall be understood to prevent any Federal agency or department
to take climate change impacts into account, consistent with
its existing authorities, until the plans are provided to
Congress and steps to implement such plans are taken.</DELETED>
<DELETED>    ``(d) Coordination.--The President shall ensure that the
mechanism to provide information related to addressing the impacts of
climate change to State and local governments and nongovernmental
entities is appropriately coordinated or integrated with existing
programs that provide similar information on climate change
predictions.</DELETED>
<DELETED>    ``(e) Relationship to Other Authorities.--Nothing in this
section shall supersede any Federal authority in effect on the date of
enactment of the Climate Change Adaptation Act.</DELETED>
<DELETED>    ``(f) Authorization of Appropriations.--There are
authorized to be appropriated for each of fiscal years 2009 through
2013 $10,000,000 to carry out this section.</DELETED>

<DELETED>``SEC. 7. OCEAN AND COASTAL VULNERABILITY AND
ADAPTATION.</DELETED>

<DELETED>    ``(a) Coastal and Ocean Vulnerability.--</DELETED>
<DELETED>    ``(1) In general.--Within 2 years after the date
of enactment of the Climate Change Adaptation Act, the
Secretary of Commerce shall, in consultation with the
appropriate Federal, State, and local governmental entities,
conduct regional assessments of the vulnerability of coastal
and ocean areas and resources to hazards associated with
climate change, climate variability, and ocean acidification
including--</DELETED>
<DELETED>    ``(A) sea level rise;</DELETED>
<DELETED>    ``(B) fluctuation of Great Lakes water
levels;</DELETED>
<DELETED>    ``(C) increases in severe weather
events;</DELETED>
<DELETED>    ``(D) storm surge;</DELETED>
<DELETED>    ``(E) rainfall;</DELETED>
<DELETED>    ``(F) flooding and inundation;</DELETED>
<DELETED>    ``(G) changes in sea ice;</DELETED>
<DELETED>    ``(H) changes in ocean currents impacting
global heat transfer;</DELETED>
<DELETED>    ``(I) increased siltation due to coastal
erosion;</DELETED>
<DELETED>    ``(J) shifts in the hydrological
cycle;</DELETED>
<DELETED>    ``(K) natural hazards, including tsunami,
drought, flood, and fire;</DELETED>
<DELETED>    ``(L) coral reef bleaching; and</DELETED>
<DELETED>    ``(M) alteration of ecological
communities, including at the ecosystem or watershed
levels,</DELETED>
<DELETED>    ``(2) Updates.--The Secretary shall update such
assessments at least once every 5 years.</DELETED>
<DELETED>    ``(3) Regional coastal and ocean assessments.--In
preparing the regional coastal assessments, the Secretary shall
take into account the information and assessments being
developed pursuant to the Global Change Research Program. The
regional assessments shall include an evaluation of--</DELETED>
<DELETED>    ``(A) physical, biological, and ecological
impacts, such as coastal erosion, flooding and loss of
estuarine habitat, saltwater intrusion of aquifers and
saltwater encroachment, impacts on food web
distribution, species migration, species abundance, and
changes in marine pathogens and diseases;</DELETED>
<DELETED>    ``(B) social impacts associated with
threats to and potential losses of housing,
communities, and infrastructure; and</DELETED>
<DELETED>    ``(C) economic impacts on local, State,
and regional economies, including the impact on
abundance or distribution of economically important
living marine resources.</DELETED>
<DELETED>    ``(b) Coastal and Ocean Adaptation Plan.--The Secretary
shall, within 3 years after the date of enactment of the Climate Change
Adaptation Act, submit to the Congress a national coastal and ocean
adaptation plan, composed of individual regional adaptation plans that
recommend targets and strategies to address coastal and ocean impacts
associated with climate change, ocean acidification, sea level rise,
and climate variability. The plan shall be developed with the
participation of other Federal, State, and local government agencies
that will be critical in the implementation of the plan at the State
and local levels and shall take into account recommendations of the
National Science Board in its January 12, 2007, report entitled
Hurricane Warning: The Critical Need for a National Hurricane Research
Initiative and other relevant studies, and not duplicate existing
Federal and State hazard planning requirements. The Plan shall
recommend both short- and long-term adaptation strategies and shall
include recommendations regarding--</DELETED>
<DELETED>    ``(1) Federal flood insurance program
modifications;</DELETED>
<DELETED>    ``(2) areas that have been identified as high risk
through mapping and assessment;</DELETED>
<DELETED>    ``(3) mitigation incentives such as rolling
easements, strategic retreat, State or Federal acquisition in
fee simple or other interest in land, construction standards,
and zoning;</DELETED>
<DELETED>    ``(4) land and property owner education;</DELETED>
<DELETED>    ``(5) economic planning for small communities
dependent upon affected coastal and ocean resources, including
fisheries;</DELETED>
<DELETED>    ``(6) coastal hazards protocols to reduce the risk
of damage to lives and property, and a process for evaluating
the implementation of such protocols;</DELETED>
<DELETED>    ``(7) strategies to address impacts on the most
vulnerable living marine resources;</DELETED>
<DELETED>    ``(8) proposals to integrate measures into the
actions and policies of the National Oceanic and Atmospheric
Administration;</DELETED>
<DELETED>    ``(9) a plan for additional research and
development of technologies and capabilities to address such
impacts;</DELETED>
<DELETED>    ``(10) plans to pursue bilateral and multilateral
agreements necessary to effectively address such
impacts;</DELETED>
<DELETED>    ``(11) partnerships with States and
nongovernmental organizations;</DELETED>
<DELETED>    ``(12) methods to mitigate the impacts identified,
including habitat restoration measures; and</DELETED>
<DELETED>    ``(13) funding requirements and
mechanisms.</DELETED>
<DELETED>    ``(c) Technical Planning Assistance.--The Secretary,
through the National Oceanic and Atmospheric Administration, shall
establish a coordinated program to provide technical planning
assistance and products to coastal States and local governments as they
develop and implement adaptation or mitigation strategies and plans.
Products, information, tools and technical expertise generated from the
development of the regional coastal and ocean assessments and the
coastal and ocean adaptation plans will be made available to coastal
States for the purposes of developing their own State and local
plans.</DELETED>
<DELETED>    ``(d) Coastal and Ocean Adaptation Grants.--</DELETED>
<DELETED>    ``(1) In general.--The Secretary shall provide
grants of financial assistance to coastal States with federally
approved coastal zone management programs to develop and begin
implementing coastal and ocean adaptation programs.</DELETED>
<DELETED>    ``(2) Allocation of funds.--The Secretary shall
distribute grant funds under paragraph (1) among coastal States
in accordance with the formula established under section 306(c)
of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455(c)),
adjusted in consultation with the States as necessary to
provide assistance to particularly vulnerable
coastlines.</DELETED>
<DELETED>    ``(3) Matching requirement.--The Secretary shall
make grants under paragraph (1) on a matching basis under which
the ratio of Federal to State funds is--</DELETED>
<DELETED>    ``(A) 4 to 1 in the first fiscal
year;</DELETED>
<DELETED>    ``(B) 2.3 to 1 in the second fiscal
year;</DELETED>
<DELETED>    ``(C) 2 to 1 in the third fiscal year;
and</DELETED>
<DELETED>    ``(D) 1 to 1 thereafter.</DELETED>
<DELETED>    ``(e) Authorization of Appropriations.--There are
authorized to be appropriated to the Under Secretary of Commerce for
Oceans and Atmosphere $35,000,000 for each of fiscal years 2009 through
2013 to carry out the provisions of this section, of which $25,000,000
shall be available for grants under subsection (d) for each of such
fiscal years. Not more than 75 percent of the amount available for
grants under subsection (d) for any fiscal year may be used for grants
relating to coastal impacts.''.</DELETED>

SEC. 6. NATIONAL CLIMATE STRATEGY.

The Act is amended--
(1) by redesignating section 9 as section 11; and
(2) by inserting after section 8 the following:

``SEC. 9. NATIONAL STRATEGIC PLAN FOR CLIMATE CHANGE ADAPTATION.

``(a) In General.--Not later than 2 years after the date of
enactment of the Climate Change Adaptation Act, the President shall
provide to the Congress a 5-year national strategic plan to address the
impacts of climate change within the United States. The President shall
provide a mechanism for consulting with States and local governments,
the private sector, universities, and other nongovernmental entities in
developing the plan. The plan shall be updated at least every 5 years.
``(b) Contents of Plan.--The plan shall, at a minimum--
``(1) identify existing Federal requirements, protocols,
and capabilities for addressing climate change impacts on
federally managed resources and with respect to Federal actions
and policies;
``(2) identify measures to improve such capabilities and
the utilization of such capabilities;
``(3) include guidance for integrating the consideration of
the impacts of climate change on Federally-managed resources,
and in Federal actions and policies, consistent with existing
authorities;
``(4) address vulnerabilities and priorities identified
through the assessments carried out under the Global Change
Research Act of 1990 and this Act;
``(5) establish a mechanism for the exchange of information
related to addressing the impacts of climate change with, and
provide technical assistance to, State and local governments
and nongovernmental entities;
``(6) recommend specific partnerships with State and local
governments and nongovernmental entities to support and
coordinate implementation of the plan;
``(7) include implementation and funding strategies for
short-term and long-term actions that may be taken at the
national, regional, State, and local level, taking into account
existing planning and other requirements;
``(8) establish a process to develop more detailed agency
and department-specific plans;
``(9) identify opportunities to utilize observations from
both ground-based and remote sensing platforms and other
geospatial technologies to improve planning for adaptation to
climate change impacts;
``(10) identify existing legal authorities and additional
authorities necessary to implement the plan;
``(11) identify existing high resolution elevation data and
bathymetric data and develop a prioritized plan for filling
existing gaps; and
``(12) include appropriate steps for partnerships with
international organizations and foreign governments on
international activities to address climate change impacts,
including the sharing of technical assistance and capacity-
building expertise.
``(c) Interim activities.--Nothing in this section shall be
understood to prevent any Federal agency or department to take climate
change impacts into account, consistent with its existing authorities,
until the requirements of this section are implemented. Federal
agencies are presently encouraged to take climate change into account
under all existing relevant authorities to the maximum extent
practicable and consistent with those authorities.
``(d) Coordination.--The President shall ensure that the mechanism
to provide information related to addressing the impacts of climate
change to State and local governments and nongovernmental entities is
appropriately coordinated or integrated with existing programs that
provide similar information on climate change predictions.
``(e) Relationship to Other Authorities.--Nothing in this section
shall supersede any Federal authority in effect on the date of
enactment of the Climate Change Adaptation Act or create any new legal
right of action.

``SEC. 10. OCEAN AND COASTAL VULNERABILITY AND ADAPTATION.

``(a) Coastal and Ocean Vulnerability.--
``(1) In general.--Within 2 years after the date of
enactment of the Climate Change Adaptation Act, the Secretary
of Commerce shall, in consultation with the appropriate
Federal, State, and local governmental entities, coordinate and
support regional assessments of the vulnerability of coastal
and ocean areas and resources, including living marine
resources, to hazards associated with climate change, and ocean
acidification including--
``(A) variations in sea level including long-term
sea level rise;
``(B) fluctuation of Great Lakes water levels;
``(C) increases in severe weather events;
``(D) natural hazards and events including storm
surge, precipitation, flooding, inundation, drought,
and fires;
``(E) changes in sea ice;
``(F) changes in ocean currents impacting global
heat transfer;
``(G) increased siltation due to coastal erosion;
``(H) shifts in the hydrological cycle; and
``(I) alteration of ecological communities,
including at the ecosystem or watershed levels.
``(2) Factors.--In preparing the regional coastal
assessments, the Secretary shall take into account the
information and assessments being developed pursuant to the
Global Change Research Program. The regional assessments shall
include an evaluation of--
``(A) observed and projected physical, biological,
and ecological impacts, such as coastal erosion,
flooding and loss of estuarine habitat, saltwater
intrusion of aquifers and saltwater encroachment, coral
reef bleaching, impacts on food web distribution,
impacts on marine habitat and ecosystem productivity,
species migration, species abundance and distribution,
and changes in marine pathogens and diseases;
``(B) social and cultural impacts associated with
threats to and potential losses of housing,
communities, recreational opportunities, aesthetic
values, and infrastructure; and
``(C) economic impacts on local, State, and
regional economies, including the impact on abundance
or distribution of economically important living marine
resources.
``(3) Updates.--The Secretary shall update such assessments
at least once every 5 years.
``(b) Coastal and Ocean Adaptation Plan.--The Secretary shall,
within 3 years after the date of enactment of the Climate Change
Adaptation Act, submit to the Congress an agency-specific plan, as
required by section 9(c). The plan shall include a national coastal and
ocean adaptation plan, composed of individual regional adaptation plans
that recommend targets and strategies to address coastal and ocean
impacts associated with climate change, ocean acidification, and sea
level rise. The plan shall serve as the agency-specific plan. The plan
shall be developed with the participation of other Federal, State, and
local government agencies that will be critical in the implementation
of the plan at the State and local levels and shall take into account
the results of the regional assessments to be conducted under
subsection (a), the work of the Global Change Research Program, and
recommendations of the National Science Board in its January 12, 2007,
report entitled Hurricane Warning: The Critical Need for a National
Hurricane Research Initiative and other relevant studies, and not
duplicate existing Federal and State hazard planning requirements. The
Plan shall include both short- and long-term adaptation strategies and
shall include, at a minimum, recommendations regarding--
``(1) Federal flood insurance program modifications;
``(2) areas that have been identified as high risk through
mapping and assessment;
``(3) mitigation incentives such as rolling easements,
strategic retreat, State or Federal acquisition in fee simple
or other interest in land, construction standards,
infrastructure planning, and zoning;
``(4) land and property owner education;
``(5) economic planning for small communities dependent
upon affected coastal and ocean resources, including fisheries;
``(6) coastal hazards protocols to reduce the risk of
damage to lives and property, and reduce threats to public
health and a process for evaluating the implementation of such
protocols;
``(7) strategies to address impacts on critical biological
and ecological processes, giving a priority to the most
vulnerable natural resources and communities;
``(8) proposals to integrate measures into the actions and
policies of the National Oceanic and Atmospheric Administration
and other Federal agencies, as appropriate;
``(9) a plan for additional observations, research,
modeling, assessment and information products,environmental
data stewardship, and development of technologies and
capabilities to address such impacts;
``(10) a plan for data archive and access, and processes
for sharing data and information for addressing such impacts;
``(11) plans to pursue bilateral and multilateral
agreements necessary to effectively address such impacts;
``(12) partnerships with States and nongovernmental
organizations;
``(13) methods to mitigate the impacts identified,
including habitat protection and restoration measures; and
``(14) funding requirements and mechanisms.
``(c) Technical Planning Assistance.--The Secretary, through the
National Oceanic and Atmospheric Administration and in coordination
with other Federal agencies with existing authorities concerning hazard
mitigation planning, shall establish a coordinated program to provide
technical planning assistance and products to coastal States and local
governments as they develop and implement adaptation or mitigation
strategies and plans. Products, information, tools and technical
expertise generated from the development of the regional coastal and
ocean assessments and the coastal and ocean adaptation plans will be
made available to coastal States for the purposes of developing their
own State and local plans.''.

SEC. 7. COASTAL AND OCEAN ADAPTATION GRANTS.

The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is
amended by added at the end the following:

``SEC. 320. CLIMATE CHANGE ADAPTATION PLANS.

``(a) Grants.--The Secretary shall provide grants of
financial assistance to coastal states with federally approved
coastal zone management programs to develop and begin
implementing coastal and ocean adaptation programs.
``(b) Allocation of Funds.--The Secretary shall distribute
grant funds under subsection (a) among coastal States in
accordance with the formula established under section 306(c) of
this Act, adjusted in consultation with the States as necessary
to provide assistance to particularly vulnerable coastlines.
``(c) Plan Content.--In order to receive financial
assistance under this section, a plan must be approved by the
Secretary, and be consistent with and further the goals of the
coastal and ocean adaptation plan to be developed pursuant to
section 10 of the National Climate Service Act of 2007, and be
consistent with such State's coastal management program.
``(d) State hazard mitigitation plans.--Plans developed by
States pursuant to this section shall be consistent with State
hazard mitigation plans developed under State or Federal
law.''.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

Section 11 (15 U.S.C. 2908), as redesignated by section 6 of this
Act, is amended--
(1) by inserting ``(a) National Climate Service.--'' before
``There are authorized''; and
(2) by adding at the end thereof the following:
``(b) National Strategy.--In addition to any other funds otherwise
authorized to be appropriated, there are authorized to be appropriated
for each of fiscal years 2009 through 2013 $25,000,000 to carry out
section 9.
``(c) Coastal and Ocean Assessments.--In addition to any other
funds otherwise authorized to be appropriated, there are authorized to
be appropriated to the Secretary $75,000,000 for each of fiscal years
2009 through 2013 to carry out section 10(a).
``(d) Coastal and Ocean Adaptation Plan.--In addition to any other
funds otherwise authorized to be appropriated, there are authorized to
be appropriated for each of fiscal years 2009 through 2013
$150,000,000, of which 75 percent shall be for State plans.''.
Amend the title so as to read: ``A bill to amend the
National Climate Service Act of 2007 to enhance the ability of
the United States to develop and implement climate change
adaptation programs and policies, and for other purposes.''.
Calendar No. 769

110th CONGRESS

2d Session

S. 2355

[Report No. 110-347]

_______________________________________________________________________

A BILL

To amend the National Climate Program Act to enhance the ability of the
United States to develop and implement climate change adaptation
programs and policies, and for other purposes.

_______________________________________________________________________

June 5, 2008

Reported with amendments and an amendment to the title